What's happening
This bill allows both recreational and commercial spearfishing in New York's marine waters and permits taking striped bass with a spear or speargun.
Why it matters
Expands fishing methods and access. By legalizing both recreational and commercial spearfishing in New York's marine waters, the bill could open new opportunities for both hobbyists and businesses, potentially diversifying local fishing economies and cultures.
Impacts on striped bass management. Allowing the use of spears and spearguns to harvest striped bass—a popular and sometimes overfished species—raises important questions about resource sustainability, enforcement of catch limits, and possible effects on striped bass populations.
Safety and user conflict considerations. The bill maintains a ban on spearfishing within 100 yards of public bathing areas, reflecting ongoing concerns about water user safety and minimizing potential conflicts between swimmers and spearfishers.
Environmental and regulatory implications. By amending existing conservation law, the bill could require updates to regulations, monitoring, and data collection to assess the ecological impact of expanded spearfishing, informing future conservation efforts and policy adjustments.
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Who cares
Headline styles
Allow Spears for Bass Fishing
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Legalize Spearfishing for Bass
In Assembly Committee · Environmental Conservation · Sponsor Fred Thiele
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 3713 A. 5506
2019-2020 Regular Sessions
SENATE - ASSEMBLY
February 13, 2019
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation
IN ASSEMBLY -- Introduced by M. of A. THIELE -- Multi-Sponsored by -- M. of A. FITZPATRICK -- read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to recreational and commercial spearfishing in New York's marine and coastal waters
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph c of subdivision 1 of section 11-1301 of the environmental conservation law, as added by chapter 435 of the laws of 2014, is amended to read as follows:
c. Except as otherwise prohibited by law, fish may be taken by spear or speargun in the marine and coastal district [only] for recreational and commercial purposes. A speargun must be submerged when used to take fish. Provided, however, that no food fish may be taken by spear or speargun within one hundred yards of a public bathing area.
§ 2. Section 13-0347 of the environmental conservation law is amended by adding a new subdivision 5 to read as follows:
5. Striped bass may be taken in New York's marine and coastal district for all purposes by use of a spear or speargun as defined by paragraph f of subdivision one of section 11-0103 of this chapter.
§ 3. This act shall take effect immediately, provided, however, that the amendments to paragraph c of subdivision 1 of section 11-1301 of the environmental conservation law made by section one of this act shall not affect the repeal of such paragraph and shall be deemed repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03215-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to recreational and commercial spearfishing in New York's marine and coas- tal waters
Purpose
This bill amends two sections of the environmental conservation law regarding the use spear guns in commercial fishing for all species including striped bass.
Summary of provisions
Section 1. Paragraph c of subdivision 1 of section 11-1301 of the envi- ronmental conservation law is amended to allow for the taking of fish by spear or spear gun in the marine and coastal district for recreational and commercial purposes.
Section 2. Amends section 13-0347 of the environmental conservation law by adding a new subdivision 5 to authorize the taking of striped bass by the use of spear or spear gun for recreational commercial purposes.
Section 3. Sets forth the effective date.
Justification
Prior to enactment of Chapter 435 of the Laws of 2014, striped bass had been the only species prohibited from being taken by spear or spear gun for commercial purposes in New York's marine district. Chapter 435 authorized the taking of all fish in this manner for recreational purposes only, which prohibited spearfishing for all other species for commercial purposes in the marine district (blackfish, black seabass, scup, bluefish etc).
This amendment omits the word "only" from the provisions of Chapter 435 to authorize the taking of fish by spear or spear gun for recreational and commercial purposes. Further, this legislation ads language under section 13-0347 of the environmental conservation law relating to the taking of striped bass in New York's marine and coastal district to keep it consistent with the provisions of section 11-0103 thereby clarifying that the taking of striped bass is authorized for all purposes. It is important to note that this amendment does not authorize any additional taking of striped bass for commercial purposes as it does not increase the number of bass tags for a commercial fisherman who chooses to use spear fishing to take this allocation. Each fish shot will have to have one bass tag affixed to it in order to be sold lawfully.
Legislative history
2017-18 S.4817A/A.6312A;
2015-16 S.1590/A.1893;
2013-14 S.3059B/A.3890B;
2011-12 S.5684A/A.8288A
Fiscal implications
None.
Effective date
Immediately, provided, however, that the amendments to paragraph c of subdivision 1 of section 11-1301 of the environmental conservation law made by section one of this act shall not affect the repeal of such paragraph and shall be deemed repealed therewith.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.